Thursday, 26 July 2012

SMSL was pleased that the Kuala Lumpur high court has rejected Lynas’ second attempt to get a court injunction to gag SMSL yesterday. Over a hundred concerned citizens consisting of Kuantan residents, supporters from interstates and civil society organisation’s representatives congregated at the high court vicinity peacefully with placards and banner in a show of solidarity to express their outrage with the Lynas’ defamation action.

“It is heartening and encouraging seeing justice delivered at this juncture. We are relieved that our freedom of speech to voice our concerns with our own government in the interest of the public and the country is upheld through yesterday’s high court decision.” Lamented Mr Tan Bun Teet, a SMSL spokesperson, a Kuantan resident and a defendant named in the defamation suit.

“Here we are dealing with a world-scale rare earth plant at least ten times bigger than the one in Bukit Merah with hundreds more times hazardous waste. It has been built without any consultation with the public, with lax environmental safeguards and speedy approval processes. What more it is located in a swampy area so close to the sea and the population? We as informed citizens cannot simply sit back and do nothing” Continued Mr Tan

The high court awarded a court cost of RM5,000 to SMSL against Lynas and the court will resume on 14th August to work out details of future trials and hearings.

The fair judgment delivered by Judge John Louis O’Hara is a much welcome gesture of hope for SMSL and concerned Malaysians who have fought hard to stop the Lynas rare earth project since it became widely known for the first time last March through a New York Times article.

Haji Ismail Abu Bakar, another defendant named in the Lynas suit and a Kuantan resident remarked, “many rakyat (citizens) who will be directly and most immediately put at risk once the Lynas plant starts to operate are at no liberty to speak out or to voice their concerns. We breathe a sign of small relief for now but we have a long way to go yet to keep our country safe and clean from toxic pollution.”

Last Thursday on the 19th, the court heard arguments from both Lynas and SMSL counsels. SMSL was represented by senior counsel Datuk Bastian who argued that SMSL acted in the interest of the public in issuing the open letter to the Prime Minister which Lynas alleged is defamatory.

“SMSL will brief its various expert witnesses in Malaysia and overseas in preparation for the trial. SMSL aims to use the trial to reveal information in its possession. We have independent opinions and assessments from various highly qualified professionals. We would like to inform the court and the public of the risks and hazards of the Lynas project to our communities, our livelihoods and the local economy as well as Malaysia as a whole.”

In his judgement Justice Louis O Hara said that the evidence presented before him was "insufficient" to grant the injunction."At this preliminary stage...it is not required for the court to give a definitive decision (on whether there is defamation) without hearing all the evidence."With defence of qualified privilege and fair comment having been pleaded, I'm not satisfied that the affidavit evidence before me is sufficient," the Kuala Lumpur High Court judge said.
The application was dismissed with cost of RM5,000.

Justice O' Hara found that public interest is a "relevant and weighty" defence as the public has the right to know.

Victory for freedom of speech
Speaking to reporters later, SMSL's lawyer Bastian Vendargon said that the decision can be seen as a victory for freedom of speech.

"When he says he is upholding all cases before this, he is careful not to interfere with freedom of speech," he said.
Commenting on the decision, SMSL leader Tan Bun Teet (left) who was at the court house with more than 100 supporters from Kuantan, Pahang, said it was a "small victory" for their struggle."All this while we were speaking out of public interest and not for ulterior motives or personal gain," he said."We hope that in the suit proper (the defamation trial), the whole world would know whatever comments on Lynas and statements on its effects on the community nearby, are true."He added that SMSL will now launch a nationwide tour to educate the public on the alleged dangers of the Lynas Advance Material Plant for rare earth refining, at Gebeng, near Kuantan.
Bun Teet also revealed that he and two other activists, in their capacity as Kuantan residents, are planning to file a judicial review at the Kuantan High Court against the award of the temporary operating licence for the rare earth plant by the Atomic Energy Licencing Board.

Vice chairperson Ismail Abu Bakar and two other Kuantan residents will also file a judicial review at the Kuantan High Court against the Minister of Science and Technology Maxmimus Ongkili, on his decision to reject their appeal on the Lynas TOL.

Giant wounded
Also present was NGO Komas representative Tan Jo Hann who said that today SMSL had "wounded a big giant" which it will finally kill.

On April 19, Lynas Corporation of Sydney, Australia, and Lynas Malaysia filed the suit against SMSL Sdn Bhd and its two directors, Tan Bun Teet and Lim Sow Teow, and three volunteers Hang Chong Leung, Lee Chow Fong and Ismail Abu Bakar, over an allegedly defamatory article published on its blog, on Mar 22.
The defamation case is set for case management on Aug 14.Speaking on the case, Bastian said that he has expressed intention to the judge that he will apply for the case to be transferred to the Kuantan High Court for the convenience of the parties, most of whom are based in Pahang.He will file the application, as well as another application for the court to compel Lynas to provide the defendants with sought documents, next week.

Thursday, 19 July 2012

Yesterday at the Kuala Lumpur high court, Judge John Louis O’Hara set the judgment date for the defamation injunction application from Lynas to next Thursday 26th July. The court heard arguments from both Lynas and SMSL counsels. SMSL was represented by senior counsel Datuk Bastian who defended SMSL’s rights to raise issues of public interest.

Mr Tan Bun Teet, the spokesperson for SMSL and a defendant named in the Lynas writ commented, “In any democracy, citizens have the rights to voice out. Here we are dealing with the world’s biggest rare earth plant which was built without any consultation with the public, located in a swampy area so close to the sea and the population. We as informed and concerned citizens cannot simply sit back and do nothing.”

SMSL was joined by 90 concerned citizens, including one bus-load of very enthusiastic and committed supporters from the southern state of Johor. Many who attended the court hearing yesterday had been there for the third time in the last couple of months. They felt very strongly about Lynas attempting to gag citizens from raising issues of national and public interests.

“SMSL has been given a clear mandate by our members and supporters to fight Lynas till the end. This is a David and Goliath battle. We will take all appropriate steps to make sure that we pursue every possible avenue available to keep our country clean and safe for now and for the future.” Mr Tan concluded.

This news story is erroneous and factually incorrect because SMSL has made NO such apology or retraction. SMSL is determined to and will continue to defend the rights of citizens to free speech, to campaign for a clean and safe future for our family and our country.

This news story is erroneous and factually incorrect because SMSL has made NO
such apology or retraction. SMSL is determined to and will continue to defend the
rights of citizens to free speech, to campaign for a clean and safe future for our
family and our country.

Mr Tan Bun Teet, the spokesperson for SMSL said, “I have written to the Editor
of IBT to seek an immediate public apology and to correct the article. The IBT
journalist should have contacted SMSL about it before putting the story out.”

SMSL is committed to fighting Lynas until the end, including the Lynas defamation
suit. It is the online news portal Free Malaysia Today (FMT) that has chosen to
apologise to Lynas and retracted the so-claimed defamatory statement. Its action
has no bearing or any association with SMSL’s current or future direction on the Stop
Lynas campaign.

“SMSL will take up the relevant legal action against the IBT if no apology is
forthcoming by the end of today and if no retraction is made. SMSL will also lodge
a complaint with the Australian Journalists Association which is strict on journalistic
ethics and professionalism.” Added Mr Tan.

“SMSL remained firmed on our stance and our statements about the Lynas rare
earth plant because we have reliable information and relevant professional experts
to back up our statements in court.” He asserted.

Towards this end, SMSL is highly appreciative of the strong spirit of solidarity and
support demonstrated by civil society groups and concerned individuals all over
Malaysia and overseas.

The Lynas rare earth project is not just a Kuantan issue as it will affect the whole
nation. We should always be mindful of that.

The 12-year tax break granted to the project is the most ludicrous political decision
the government has made.

Tax payers and citizens expect a Government to exercise its duty of care to ensure
a nation's well beings and long-term future are secured not to subject citizens to the
risks of Lynas’ radiation and toxic waste.

SMSL and concerned citizens will converge at the Kuala Lumpur High court
tomorrow 19th July from 3.30pm onwards to await the court decision on Lynas’
defamation application.

“We welcome any concerned Malaysians to come along to show Lynas that we are
a proud people with integrity and courage. Join us in our fight against the risks and
hazards of the world’s largest rare earth plant.”

In a recent International Business
Times (IBT) article, it was misreported that SMSL has apologised to Lynas and
has retracted a statement made about its rare earth refinery plant.

This news story is erroneous and
factually incorrect because SMSL has made NO such apology or retraction. SMSL is determined to and will continue to
defend the rights of citizens to free speech, to campaign for a clean and safe
future for our family and our country.

Mr Tan Bun Teet representing SMSL has
written to the Editor of the IBT seeking a public apology and immediate correction
to the article. SMSL will take up legal
action against the IBT if no apology and retraction is made. SMSL will also lodge a complaint with the
Australian Journalists Association which is strict on journalistic ethics and
professionalism.

SMSL is committed to fighting Lynas
until the end, including its defamation suit. It is the online news portal Free
Malaysia Today that has chosen to apologise to Lynas and retracted the so-claimed
defamatory statement. Its action has no
bearing nor association with SMSL’s current or future direction.

SMSL remained firmed on our stance and
our statements about the Lynas rare earth plant because we have reliable
information and relevant professional experts to back up our statements in
court.

Towards
this end, SMSL is highly appreciative of the strong spirit of solidarity and
support demonstrated by civil society groups and concerned individuals all over
Malaysia and overseas.

The
Lynas rare earth project is not just a Kuantan issue as it will affect the
whole nation. No one should tolerate a
foreign company building a risky plant of the scale and size in a developing
country with limited capacity to monitor, assess and managed.

The
12-year tax break granted to a project in exchange for a massive amount of
hazardous and radioactive waste to contaminate Malaysia forever is a last straw
on a camel's back for us. This is the
most ludicrous political decision the government has made.

Tax
payers and citizens expect a Government to exercise its duty of care to ensure
a nation's well beings and long-term future are secured not to subject citizens
to the hazards of Lynas’ radiation and toxic waste.

SMSL and the people of Kuantan
are highly appreciative of the amazing spirit of support and solidarity shown
by all the groups which took part in the National Day of Stop Lynas action over
the weekend.

“The enthusiasm and the commitments of all of the
groups and individuals who have extended their helping hands to make the
weekend such a success are inspirational and encouraging.” Expressed Mr Tan Bun
Teet, the spokesperson for SMSL, a Kuantan resident and a key leader of the
Stop Lynas movement.

“From the bottom of our heart,
SMSL team of volunteers who initiated the National Stop Lynas Day of Action
would like to give our sincere thanks to everyone who has contributed to the
weekend’s event. We are deeply touched
when we have supporters driving all the way from Endau to Kuantan just to give
a donation. For most of us, this is the first time in our life we have acted on
an environmental issue.” Continued Mr Tan

A total of 30 locations across 9
states in Malaysia took part in the event.
A mock voting session was carried out in each of these locations
delivering a clear verdict that the 20,000 or so concerned Malaysians who
pro-actively took part in this national action do not want the Lynas rare earth
plant in Malaysia. In Australia,
solidarity actions took place in Sydney, Melbourne Perth and as far as the
outback location of Roxby Downs where local anti-nuclear activists were
protesting against an expansion of a uranium mine.

Haji Ismail Abu Bakar lamented,
“clearly, the government has made a mistake in pushing ahead for the rare earth
plant when the strong public opposition remained so strong more than a year
since the Lynas project became public knowledge in Malaysia. It is an indication that the current
government has lost touch with the rakyat.”

The National Day of Stop Lynas
action and the mock ‘referendum’ are means from which SMSL can develop a strong
network of Stop Lynas campaigns throughout Malaysia and in Australia. The weekend nation-wide effort is a model
from which Malaysians can learn to exercise their democratic rights to vote wisely
to protect their family, their hard-earned investment and the natural
environment of Malaysia.

Mr Tan further commented, “the
good turn-out and the positive spirit of the people in these events in so many
states offer much hopes for us to keep Malaysia clean and safe.”

“However, the momentum from last
weekend has to stretch farther and wider to win the battle between the goodness
of decent citizens’ rights to a clean and safe future and the evil of pollution.”

“We have a long way to go yet
because the forces of darkness are very powerful. This Thursday, SMSL has to yet again call for
a show of support to be at the KL High Court to await the decision of the judge
on Lynas’ defamation court injunction application to gag SMSL from voicing
residents and citizens’ concerns about the Lynas rare earth project.” Concluded
Mr Tan.

Over the
weekend, communities throughout 30 locations in Malaysia took part in a
National Day of Stop Lynas action to mark their strong objection to the rare
earth refinery project near Kuantan. In Australia, solidarity actions took place
in Sydney, Melbourne, Perth and Roxby Downs at an anti-nuclear music festival
in the outback arid zone of South Australia. {photographs of the various
actions attached}

Sydney says NO to Lynas!

Mr Tan Bun Teet,
a spokesperson for SMSL recounted the weekend events, “we are greatly encouraged by the strong support we got from other communities
throughout the country and from Australia.
The weekend results have restored many people’s determination to keep
fighting the terrible decision made by the government.”

The government’s
refusal to acknowledge and take on board citizens’ concerns and strong opposition
to the Lynas project despite on-going public protests since the issue became
known last March is a slap in the face of democracy. The Stop Lynas campaign is now the largest
ever environmental battle in the country and support from overseas is gaining
momentum.

It has certainly
compelled many citizens to weigh out their development priority between wealth
and the sustainability of the natural environment as well as their health. It
has also raised awareness amongst citizens to vote for a party that will secure
them a clean and healthy future. A mock
referendum was held in all of the Malaysian locations to prepare people for the
next election and to educate people to vote to protect their future.

“An overwhelming
99.9% of the 20,000 over people who were eligible to vote opted for the Lynas
project to be stopped. For so many
people to come out to show their opposition, it is a clear indication that Malaysians
are ready to vote wisely at the next election.” Said Ram, another spokesperson
from SMSL actively involved in the campaign.

Mock vote counting at Kuantan station

The Lynas rare
earth refinery plant was constructed without any prior informed consent from
local communities and citizens who will be getting the blunt end of the raw
deal of permanent pollution risk whilst Lynas will be making a hefty profit
tax—free. Malaysians will be living
under the shadow of radiation contamination for ever from the world’s largest
rare earth refinery built and managed by a company with no prior experience
dealing with the complexity of rare earth pollution.

Worst, this
world-scale refinery is situated in a peat swamp area only 3.5km from the South
China Sea, an important seafood and tourism hotspot!

“Given the
Government’s mishandling and poor management of the Bukit Merah rare earth
plant, it is ludicrous that we now have a plant at least ten times bigger with
hundreds more times toxic waste to handle.
It is on this basis that we as responsible tax-paying citizens will have
to do everything possible to stop this madness.” Concluded Mr Tan

Segamat hardcore supporters!

Huge crowd turned in the Johor Bahru event in solidarity with SMSL

Melbourne - St. Paul Cathdral Court

solidarity event in Perth

From the arid zone of Roxby Downs in South Australia, anti-nuke activists acted in solidarity with the Malaysians on 714 National Day of Stop Lynas

Voters in a mock referrendum has overwhelmingly rejected the RM700 million Lynas Advanced Material Plant in Gebeng, Kuantan.

Organised by NGO Stop Lynas, Save Malaysia (SMSL), the mock voting was carried out in 19 cities and towns across Malaysia.The results, which was announced close to 9pm, saw landslide votes against the rare earth processing plant with some centres having virtually zero vote in support for Lynas.When contacted, SMSL spokesperson Steve Hang said after all ballots have been counted, a total of 20,194 people voted against Lynas, while six were in favour."

A total of 28 locations in Malaysia participated but only 19 places held the mock voting. The other areas had signature campaign, pickets and even flash mob," he said.Hang added that an estimated a total of 26,000 people nationwide had participated in the ‘National Day of Stop Lynas Action’.Four cities in Australia had also joined in with their own protest against Lynas, he added.Voting began simultaneously today at around 5pm for most areas in Malaysia while the earliest was in Bukit Merah, Perak where voting took place from 7am to 9am.

Bukit Merah was the site of the Asian Rare Earth plant which has been accused of causing an increase of cancer cases in the 1990s among the local populace.Queuing up at the mock voting centres, voters of various age and colour in towns and villages dropped their ‘yes’ or ‘no’ vote on Lynas into prepared ballot boxes.'Vote matters'When contacted, SMSL chairperson Tan Bun Teet said the results reflected the sentiments of the people against the controversial plant, which is seen as a crucial facility to break China's stranglehold on the rare earth market.

However, he added that regardless of the results, the mock referendum today was to send to a message to Malaysians about the significance of their votes."Our focus is not actually on how many people voted against or for Lynas. Our focus is teaching people that the vote in their hand counts and really matters.

"We hope people who voted today will realise that the act of voting is important to ensure whether we live in a hazard-free environment or do we continue to vote a government that does not care about the welfare of the people," he said.He added that the many locations which conducted the voting today were also afflicted by environmental issues and are part of a network of the green movement.

Save Malaysia
Stop Lynas (SMSL) calls on all concerned individuals, organisations and
political parties to join us in force to show the Government that Malaysians
want a clean and safe future.

Join us to show
the Government that you will stand up for your rights, to protect your
investment and your family to build a strong, healthy and clean nation for all
Malaysians.

Each and every
one of us have toiled and worked hard to better our life and to provide for our
family. We have invested precious time, energy and money to make our home, our
family, our work, our businesses and our country better and safer.

Every day, millions
of ordinary Malaysians- young and old, men and women, boys and girls strive to
better our life at work, at home, at school and at play.

We want to be
proud Malaysians and we want to take pride in our effort!

We the working
citizens of Malaysia have been paying taxes to build our nation. Yet we are now expected to live with a giant
rare earth plant. This is not the deal
we have worked for!

If the Lynas
project is not stopped, Malaysia will be tarnished with a bad image for housing
the world’s biggest rare earth waste dump for an Australian company.

We will no
longer be sure if our fresh seafood will be safe enough to eat, if the water we
drink will be clean and free from contamination and if the air we breathe in will
be free of radioactive particles or any other pollutants.

Our beautiful
beaches and the South China Sea may also be ruined. Who would want to spend their holiday next to
the world’s largest rare earth refinery plant?

What is the
point of our hard work and investment if in return all we get is living in the
shadow of Lynas’ pollution?

Malaysia will
be a laughing stock of the world whilst Lynas and its shareholders will be
laughing to the bank cashing in their hefty profit on our government’s
generosity and foolishness!

Remember - the
tragedies endured by the locals and workers at Bukit Merah – from early deaths;
from terminal cancer, birth defects, miscarriages and numerous more cases of
cancer even until today. Our Government
has failed to prevent that. The
government has done nothing about the health issues affecting the community.

Mitsubishi’s Asian
Rare Earth (ARE) plant was shut down more than twenty years ago, yet the Atomic
Energy Licensing Board (AELB), the authority responsible for the clean-up work
has failed to clear away all of the toxic waste dumped by the rare earth plant.
This is despite the US$100 million clean-up costs paid for by Mitsubishi. Today,
piles of toxic waste are still left where they were ditched, continuing to
contaminate the land and the water, posing health risks and hazards to
unsuspecting locals.

It is outrageous
that even with that failure, the AELB is set to issue an operating licence to
Lynas. By right, the government should
carefully clean-up the Bukit Merah mess to protect tax paying citizens and
members of the public, not bringing another plant ten times bigger with
hundreds of times more waste. To date,
none of the ARE workers were tested for occupational related health issues.

Remember - the Lynas plant is situated in
an environmentally and socially sensitive area of Malaysia.

Through our strong Stop Lynas protest
actions in Pahang and in Kuala Lumpur, we have managed to create some pressure
on the government – to delay the issuing of the operating licence and to
institute several inquiries. According
to Lynas, it is losing A$10 million with every month of delay. The battle is not
over until the rare earth plant is STOPPED.

The Lynas rare earth plant is a not a
Kuantan issue but a national problem which every thinking Malaysian must take
responsibility for – to OPPOSE and STOP it before it is too late.

Even though the Stop Lynas campaign is the
biggest and strongest ever environmental campaign in Malaysia, we still have a
long way to go to STOP IT. We MUST
PERSIST and fight until the end.

If we fail to stop Lynas and if BN return
to power at the next election, we will have nuclear power plants, the Pengerang
petro-chemical estate, and many more toxic and dangerous industries on our
shores!

Malaysians, if we do not stand up together
to fight this big battle against Lynas now, we will have little chance of
winning any of the others.

Advanced countries have tightened their
environmental law to control pollution because of the threat of climate change.
They will be many fugitive companies looking for a lax haven to park their
dirty investment to escape strict laws and heavy taxes.

Malaysia must be the pride of ASEAN, not a
dumping ground for the run-away polluters. The first step for us to reclaim our
pride and our dignity is to stand together to FIGHT Lynas.

Let us make our votes count. Let us show
our government we are decent human beings as good as those living in advanced
countries. We want a future we can be proud of and stand tall to share with our
family and friends.

Monday, 9 July 2012

On Saturday 14th July 5PM(*a few places on 13th and 15th July at different time),
a variety of creative actions will be taken up by concerned citizens, civil
society groups and political parties in various states to show their opposition
to the Lynas rare earth project in Malaysia.

Mr Tan Bun Teet, the spokesperson for SMSL and a Kuantan
resident said,

“Each
and every one of us have toiled and worked hard to better our life and to
provide for our family. We are citizens
of Malaysia – the rakyat - have been paying taxes to build our nation. Yet we are now expected to live with a giant
rare earth plant that pays no tax.”

“On top of that, Lynas will be
leaving behind huge amount of radioactive waste and mountains of contaminated
waste sludge. Our air, our water and our
food risk being contaminated by Lynas’ waste discharges. Several industries may be affected with
adverse economic consequences. This is not the deal we have worked for!” added
Mr Tan